• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Driving on company business: Who’s liable?

01/16/2009

Q. Say an employee driving his own car on company business to make a bank deposit gets into an accident and is slightly injured. Is it his responsibility to go to his own doctor to seek immediate treatment and then to the workers’ comp doctors? And who covers the damage to the car?

Ask attorney for help in structuring joint ventures to limit employer liability

01/16/2009

Good news if your company is involved with another firm in a joint venture that includes provisions for sharing labor and workers’ compensation insurance costs: Employees working under the joint-venture agreement can’t sue you for damages relating to injuries covered by the workers’ compensation system.

What’s your duty to accommodate domestic violence victims?

01/16/2009

About a dozen states have laws that allow employees to take job-protected leave to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks.

Can we set different sick policies for different offices?

01/16/2009

Q. We have two offices in two different states. In one office, we have a sick leave policy in place because we have exempt employees, and the FLSA requires us to have the policy if we want to dock exempt employees for sick time after they exhaust their sick days. All employees at the second office are hourly, and they rarely call in sick. Can we have a policy at one location and not at another?

Suspect FMLA leave shenanigans? Follow the law’s certification requirements

01/16/2009

Sometimes, employees whose vacation requests are turned down try to get time off by producing a doctor’s note. Some even up the ante by trying to claim FMLA leave. If you really believe an employee is trying to pull a fast one, you have two options if you want to avoid possible FMLA interference charges.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Huge Wal-Mart settlement spotlights OT, breaks

01/16/2009

In what’s being described as the largest settlement ever for wage-related lawsuits, Wal-Mart recently agreed to pay as much as $640 million to settle 63 pending lawsuits over wage-and-hour violations.

New minimum wage levels take effect in 11 states

01/16/2009

On Jan.1, the hourly minimum wage increased in 11 states. The federal minimum, currently $6.55 per hour, is scheduled to increase on July 24 to $7.25.

Fired after bankruptcy, Mervyn’s workers file WARN suit

01/15/2009

Three former Mervyn’s employees recently filed a lawsuit against the bankrupt department store company for violating the federal WARN Act when it suddenly fired hundreds of workers last year.

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.